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Small condo association needs funds from deadbeat owners now

Posted on Thu, Dec 22, 2011 @ 08:20 AM

My husband and I own a unit in a two unit association. The other owner (who rents out his unit) has left the handling of the condo association entirely up to us, so I maintain the condo bank account and pay all the bills. Our current shared expenses are water/sewer and homeowners insurance so the monthly fee is only $100. The other unit owner has been delinquent in his payments for years and will only occasionally send a check for a partial payment, usually after I have e-mailed and called him several times. He otherwise never responds to my messages or communicates with us in anyway.

We finally consulted a lawyer about how best to deal with the situation and he recommended we write a letter to the other owner detailing his payment history (or lack thereof) with the current amount owed and a suggested payment schedule of a 3rd of the the total plus the current month's fee for the next 3 months in order to get caught up or enforce the provisions of Massachusetts General Laws Chapter 183A and direct his tenants to pay rent to the association until his fees were payed in full. Shortly after we sent this letter (by Regular, Certified Mail and E-Mail) we discovered his tenants were moving out and it was too late to get rent from them.

While the other unit owner did send a check for the first installment o f the payment plan we'd provided about a month later, he's yet to pay a single cent since and is now in arrears almost as much as when we sent the letter. The other owner had apparently been trying to sell his unit for several months but it is now off the market and new renters just moved in. However, the renters appear to be buddies with the owner and we're wondering if they'll be reluctant to pay the rent to the association. I just received the invoice for our home owner's insurance and we are about $600 short of the amount in the condo account. Plus a water pipe in our basement looks in serious need of repair and we need to have some shingles replaced on the roof so we really need the money now.

So to sum up: my questions are basically: How do we go about collecting rent from the renters? Do we just show them a copy of the letter and condo docs? What if they don't take it seriously or think we're trying to scam them? Should we just go ahead and file a lien on the other unit? If we end up having to pay out-of-pocket to cover the Home Owner's Insurance and house repairs, is their anyway to guarantee that we'll be reimbursed?

7 Comments Click here to read/write comments

Does California condo law allow board to charge renter fee to owner?

Posted on Tue, Nov 01, 2011 @ 06:48 AM

Does anyone know condo law in California? We wanted to charge a fee to any owner who rents out his unit but someone has said this is illegal in California. Some of our units are rented to university students. This increases the water use, for one thing, because they have their friends over to take showers and do laundry. They also break the parking, noise and pool use rules which puts a burden on the board to enforce the rules. Any help would be appreciated. I can't find a citation regarding this law. I know several condos do charge fees. Does anyone have any experience with this?

15 Comments Click here to read/write comments

Condo association rejects owners hardship status to rent unit

Posted on Sun, Oct 30, 2011 @ 06:50 AM
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I am the owner/trustee of my deceased mother's condo in Illinois. I have had it on the market for the past 9 months and have lowered the listing price 5 times to be competitive with the current market. Still no sale. Our bylaws state we cannot rent, but there are two units on the premises that went into foreclosure and the condo association is now renting them - one is occupied and the other is on the rental listing. Why can the condo board rent and I can't? I sent the condo board an email requesting a "hardship exemption" as suggested by the management company - the condo board flatly denied me stating they don't feel it's a hardship - mind you this statement was made without any knowledge on their part of my financial situation. HELP! What, if anything, can I do?

17 Comments Click here to read/write comments

Does condo association allow renters to live amongst them?

Posted on Thu, Aug 18, 2011 @ 08:03 AM
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Our 11 unit condo building does not allow renters and all owners are current on HOA dues. We just sold a unit at full price 475K for 2K sq ft. Some owners want to allow rental units.  I think there is momentum in that direction I am president of the HOA - my personal feelings are strongly against renters. Our by laws do not permit renters. Your thoughts and views most appreciated. Steve

27 Comments Click here to read/write comments

Why cant renters have guests at condo association swimming pool?

Posted on Wed, Jul 20, 2011 @ 06:01 AM
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My husband and I are renting a unit in a quiet condo complex. The majority of the owners here are older people who rarely use amenities. My problem lies with our restricted use of the pool. Is the Condo Association allowed to restrict us to zero guests at the pool? They've told us we may use it but that we cannot have any guests (I had tried to bring my younger sisters). Seeing as how the pool is really only used by one person in the entire complex, I don't see a problem with us using it once in a while, especially since we pay the association fees that cover pool maintenance. The association president told me that renters aren't allowed guests in an effort to keep the pool area from being vandalized. (I guess because I happen to prefer renting over ownership, that means I have no respect for common areas or association property.) Are they allowed to do this? Or am I entitled to the same amount of guests as the condo owners? I know several of my neighbors and none of them have a problem with my well-behaved siblings using the amenities when they're in my care.

29 Comments Click here to read/write comments

Condo owner refuses to pay association's renter application fee

Posted on Mon, Jun 20, 2011 @ 06:18 AM
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My mother owns a condo in Seminole, Florida. A few months ago she moved to an assisted living facility as she is 90 years old. I have rented her condo to a friend of hers to cover the monthly association fees. The condo association wants $100 for an application fee (credit check and background check) for the renter. I maintain that renter's financial status is none of there concern as she pays nothing to the association. My mother pays the monthly fee, has paid it for 12 years, is current and has never made a late payment. I have given them a copy of the renter's Drivers License to verify that she is over 55 years of age. Also I have a letter of reference from a local children's services organization stating that this tenant is trustworthy, etc, and has had extensive background checks in order for her to work with children. They insist that we must pay the $100 even though I have given them all the information required and they need to do nothing. When I asked the building president what the $100 was for, she said she "didn't know"! My question is, can they make the tenant leave if they have all the information about her for their office file but we refuse to pay the $100?

28 Comments Click here to read/write comments

Can HOAs protect themselves from the economy's renter nation

Posted on Mon, Apr 25, 2011 @ 06:14 AM
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Our economy seems to be making us a "renter nation" for now. When Units change ownership, as part of the sale and title transfer process, do HOA's have any latitude to require "live in owners"? It seems HOA's are vulnerable even more now to drifting away from being a community of "home owners". This also affects mortgage availability as "live in owner" to total Units ratios drop.

10 Comments Click here to read/write comments

Can delinquent renters get kicked out of condo association?

Posted on Fri, Feb 18, 2011 @ 01:30 PM
I live in a condo association of 15 units in Pennsylvania.  Just recently we engaged into property management service of which I am very pleased with. We went with them because our board members stepped down and this place was going to pots! Recently I heard that the management is going to change the locks to a card system and anyone that is behind (we have 3) is not going to get a card unless they are up to date, or are making payments on their back condo dues, of which has to be in contract form. My question is if any, (and nobody knows who they are), but if one or so of these back people are renting out their condos to renters what will happen to the renters. Can the renters be band from getting in if the owners are not paying or up to date with their dues. I was told management can do this, but our by-laws do not state this. Must management change the by-laws first before doing something like this? I am all for trying to collect our back dues ($17,000) but I am also concerned about the renters being held responsible for something the owners are suppose to take care of. Any suggestions please. Thanks

10 Comments Click here to read/write comments

Condo docs say no rentals, but investors still buy and rent in building

Posted on Fri, Feb 18, 2011 @ 07:14 AM
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I live in Atlanta Ga. The board & property management company of my condo complex are allowing rentals even though our documents clearly state rentals aren't allowed. I have complained in writing, sent emails, & have had meetings with the board about this matter. They have done nothing. Because of the real estate market the price of my condo has lost about 60 percent of its value. Because they are selling at such a low price, investors are coming in, buying them cheap, and renting them out. What can I do to make them stop allowing illegal rentals. I didn't purchase here to live in a rental community. Can I sue the Association or Management company for allowing these illegal rentals?

25 Comments Click here to read/write comments

Condo owners still renting regardless of association bylaws

Posted on Sun, Jan 23, 2011 @ 07:20 AM
I live in a 4 unit condo in Massachusetts. In our bylaws, it states that we are not allowed to have anyone move in with us; specifically, we can't rent a room. A few months back, we met to discuss a change in this to state that it was ok to rent a room with the approval of the renters by the other trustees. Our units are very close, so adding a few extra people makes a huge difference. We have not amended the bylaw yet, but one unit has ignored that and allowed 2 people to move in without approval of the other units. There was no notification of any sort. What can be done? The 3 units are not happy with this negligence and want the renters gone.

4 Comments Click here to read/write comments

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